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<br />event, Lender has the right, but not the obligation, to participate in any such proceeding
<br />including the right to receive copies of any documents relating to such proceedings.
<br />E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every
<br />tenant have been, are and will remain in full compliance with any applicable Environmental
<br />Law.
<br />F. Except as previously disclosed and acknowledged in writing to Lender, there are no
<br />underground storage tanks, private dumps or open wells located on or under the Property
<br />and no such tank, dump or well will be added unless Lender first consents in writing.
<br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the
<br />Property, and confirm that all permits, licenses or approvals required by any applicable
<br />Environmental Law are obtained and complied with.
<br />H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and
<br />inspect the Property and review all records at any reasonable time to determine (1) the
<br />existence, location and nature of any Hazardous Substance on, under or about the Property;
<br />(2) the existence, location, nature, and magnitude of any Hazardous Substance that has
<br />been released on, under or about the Property; or (3) whether or not Grantor and any tenant
<br />are in compliance with applicable Environmental Law.
<br />I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a
<br />qualified environmental engineer to prepare an environmental audit of the Property and to
<br />submit the results of such audit to Lender. The choice of the environmental engineer who
<br />will perform such audit is subject to Lender's approval.
<br />J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under
<br />this section at Grantor's expense.
<br />K. As a consequence of any breach of any representation, warranty or promise made in this
<br />section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns
<br />harmless from and against all losses, claims, demands, liabilities, damages, cleanup,
<br />response and remediation costs, penalties and expenses, including without limitation all
<br />costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may
<br />sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in
<br />return Grantor will provide Lender with collateral of at (east equal value to the Property
<br />without prejudice to any of Lender's rights under this Security Instrument.
<br />L. Notwithstanding any of the language contained in this Security Instrument to the
<br />contrary, the terms of this section will survive any foreclosure or satisfaction of this Security
<br />Instrument regardless of any passage of title to Lender or any disposition by Lender of any or
<br />all of the Property. Any claims and defenses to the contrary are hereby waived.
<br />18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened
<br />action by private or public entities to purchase or take any or all of the Property through
<br />condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in
<br />Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the
<br />proceeds of any award or claim for damages connected with a condemnation or other taking of
<br />all or any part of the Property. Such proceeds will be considered payments and will be applied
<br />as provided in this Security Instrument. This assignment of proceeds is subject to the terms of
<br />any prior mortgage, deed of trust, security agreement or other lien document.
<br />19. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender
<br />funds for taxes and insurance in escrow.
<br />20. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee
<br />and appoint a successor without any other formality than the designation in writing. The
<br />successor trustee, without conveyance of the Property, will succeed to all the title, power and
<br />duties conferred upon Trustee by this Security Instrument and applicable law.
<br />21. USE OF PROPERTY. Grantor shall not use or occupy the Property in any manner that would
<br />constitute a violation of any state and/or federal laws involving controlled substances, even in a
<br />jurisdiction that allows such use by state or local law or ordinance. In the event that Grantor
<br />becomes aware of such a violation, Grantor shall take all actions allowed by law to terminate
<br />the violating activity.
<br />In addition to all other indemnifications, obligations, rights and remedies contained herein, if the
<br />Lender and/or its respective directors, officers, employees, agents and attorneys (each an
<br />"Indemnitee") is made a party defendant to any litigation or any claim is threatened or brought
<br />against such lndemnitee concerning this Security Instrument or the related property or any part
<br />thereof or therein or concerning the construction, maintenance, operation or the occupancy or
<br />use of such property, then the Grantor shall (to the extent permitted by applicable law)
<br />indemnify, defend and hold each lndemnitee harmless from and against all liability by reason of
<br />said litigation or claims, including attorneys' fees and expenses incurred by such Indemnitee in
<br />connection with any such litigation or claim, whether or not any such litigation or claim is
<br />KARL M QUANDT
<br />Nebraska Deed Of Trust
<br />NE/4JBARENBE00000000003267029N
<br />Wolters Kluwer Financial Services, Inc.©1996, 2024 Page 6
<br />Bankers SystemsTM
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